Supreme Court Grants Bail To Assam Professor In Case Over Making Pro-Pakistan & Obscene Posts

The Supreme Court today granted interim bail to a College Professor in Assam who had allegedly made 'pro-Pakistan' remarks during the Indo-Pak conflict this year.  He was also accused of making obscene social media posts.

Allegedly, the man (petitioner) uploaded a post on Facebook stating "we are with the brother of Pakistani citizens". The post further stated, "we will be with them in future also". It also supported the President of Turkey, who reportedly said that they will be with Pakistani citizens.

The petitioner is a Professor in a government college. He has already been placed under suspension and spent 179 days in custody. 

The Bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing the bail plea by the professor. 

The bench took note of the fact that the trial is yet to begin. The Court also noted that 2 other FIRs have been registered against him, alleging that he molested 12  students, as well as female employees, the investigation for which is underway, and chargesheets are yet to be filed. 

The bench proceeded to pass the following order : 

"It seems to us that completion of the trial will take time. The petitioner has been in custody for more than 6 months. Taking into consideration all these aspects and without expressing any opinion on merits, the petition is allowed, and the petitioner is directed to be released on bail subject to furnishing bail bonds as may be directed." 

The court further conditioned that he shall appear before the trial court in every hearing. The bench also clarified that the order should not be considered as a ground for his reinstatement at the College.

Previously, the Court expressed displeasure over the petitioner's social media post in support of Pakistan as well as obscene posts against women, saying he has a "perverted mind" and is misusing the internet.

The bench was also informed that there were 2 FIRs registered against the petitioner, one being a case under the POCSO Act. It was contended that he made obscene posts against women/girls in the past, which might even be difficult to read in an open Court. 

Background

After he was arrested in connection with the post, the petitioner approached the trial court for bail. However, he was not granted the relief on the ground that the case was at the stage of framing of charge. Aggrieved, he moved the High Court.

Denying him bail, the High Court noted that the post was uploaded at a time when India's relationship with Pakistan was strained. It further observed from a plain reading of the post that the petitioner was in support of Pakistan, not his own country. As such, he had not complied with the Directive Principle of State Policy enshrined in Article 51A.

Disposing of the plea, the High Court let the trial court proceed with framing of charges. If the charges got framed, it said that the petitioner's bail plea shall be considered after examination of atleast 2 prosecution witnesses. Against this order, the petitioner approached the Supreme Court.

Case Details : Case Title: MD JOYNAL ABEDIN Versus THE STATE OF ASSAM, SLP(Crl) No. 12160/2025